KARTICK CHANDRA MUKHOPADHTAT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the substituted plaintiff in T. 13.64 of 1969 (since renumbered T.S.129 of 1971, again renumbered T.S. 107 of 1999), pending on the file of the learned Civil Judge, Junior Division, 3rd Court, Krishnanagar, Nadia, He is aggrieved because by order No. 299 dated 16th March, 2011, an application filed by him under section 66 of the Evidence Act, seeking production of the original notice under section 80 of the Civil Procedure Code that was purportedly served on the defendant/State, was rejected. The suit is one for declaration of tide and permanent injunction. In paragraph 7 of the plaint, the plaintiff averred that notice under section 80 of the Code was served on the State of West Bengal represented by the Collector, Nadia on 9th December, 1968 and that the copy of the said notice along with acknowledgement card and postal receipt are being filed.

(2.) The suit is being contested by the State, being the defendant No. 1, by filing a written statement. In paragraph 3 of the written statement it was stated as follows:-

(3.) It appears that the petitioner had the occasion to move a writ petition before this Court, registered as C.R. No. 7831(W) of 1975. In paragraph 10 of the writ petition, the petitioner had averred that notice under section 80 of the Code was served on the State and it was received on 9th December, 1968 whereafter the instant suit, out of which the, impugned order arises, was instituted. The writ petition was contested by the State by filing affidavit-in-opposition affirmed by one Sri Sarasi 'Ranjan Tagore, the Special Revenue Officer, Grade-II attached to Nadia Collectorate. Paragraph 10 of the writ petition was dealt with in paragraph 8 of the affidavit-in-opposition. It was stated that the contents thereof are all matters of record and no further comment was offered. The writ petition was ultimately disposed of by a learned Judge of this Court on 5th February, 1979 with a direction upon the Trial Court to consider the instant suit and to determine the same after taking into consideration the decision of this Court in Ramkrishna Mallick vs. State of West Bengal, 1975 1 CalLJ 154.